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1997-03-17 TOWN BOARD MEETING MARCH 17, 1997 7:04 P.M. Mtg # 12 Res. 111-129 BOH Res. 8-9 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL Mark Schachner TOWN OFFICIALS Paul Naylor, Highway Superintendent Jim Martin, Executive Director Of Community Development PRESS: G.F. Post Star, A.C.C. Television PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAROL PULVER Supervisor Champagne called meeting to order... PUBLIC HEARING - PROPOSED LOCAL LAW - "CODE OF ETHICS" NOTICE SHOWN 7:05 P.M. Supervisor Champagne-We'll open the public hearing, a proposed local law to amend the code repealing existing Chapter 14, entitled, "Ethics and Disclosure" and replacing it with a new Chapter 14, entitled, "Code of Ethics". So with the public hearing opened, is there anyone here to speak for or against what we have proposed for the change in the ethics law? MR. PLINEY TUCKER-Pliney Tucker, Queensbury. Can you explain why we're changing it? SUPERVISOR CHAMP AGNE-I guess my opinion is that it is not a workable law. It seems not to have served it's purpose. I would have to also suggest to you that there's some overkill in there. It was a law that was extremely difficult, not just for those of us on the board to fully understand but it also, the board and the ethic's committee felt strongly that they too needed an attorney to interpret the law for them and I guess it's my personal opinion that when you need that type of counsel to interpret a law, a law that was being basically managed by those two, the committee and the board, the ethic's board and ethic's committee, I personally felt that we needed to at least streamline the law, possibly make some modifications so that I could understand it along with the other people that we're using the law. And I don't know, maybe Betty or others here might want to chime in and add to that, so please do. COUNCILMAN MONAHAN-I think that was a great deal of it, that the law the way it was written, sometimes was very hard to understand, it was very confusing. We find also that with that law in place, the amount, the number of people who were responding for our needs to serve on volunteer boards had dropped way down, the applications. We think we have what we've suggested here will do all that the old law did and maybe more and the idea is to try and make it more, I guess I want to say user friendly so people know what they're doing. And also achieve the same purpose that there will be good and very good frankly ethical standards for everybody that's serving this town. MR. TUCKER-Is this basically the same law that was in effect before it was changed? COUNCILMAN MONAHAN-Do you have a copy of it, Pliney? MR. TUCKER-I have a copy of the draft. COUNCILMAN MONAHAN-Are there any MR. TUCKER-I've heard the comments in the newspaper that this law was basically the law that was in effect before the Chapter 14, Ethics and Disclosure. COUNCILMAN MONAHAN-To a degree, Pliney, it is but we've also added in an ethics board. We've cleared up some of the procedure. We've cleared up when a person makes out the disclosures statement, we cleaned up some of the things, we've kind of melted the two laws that were in place before, really and tried to take the best of both of them. Do we have any spare copies? EXECUTIVE DIRECTOR, MR. MARTIN-There's one here still. COUNCILMAN MONAHAN-Is there? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN MONAHAN-There is a copy there. MR. TUCKER-No, I have a copy right here. COUNCILMAN MONAHAN-Oh, you said you had the draft, that's why I'm saying, I didn't know if you had MR. TUCKER-Well it's basically the same thing, it hasn't changed since Friday has it? COUNCILMAN MONAHAN-Have you got the ethics board in the one that you've got? MR. TUCKER-Yea, the single board. Well, I guess you know that I was part of the original law and it's basically it's the same law that the Town of Wilton has. I know I didn't come in with the attitude when I came on the board of changing any ethics law or anything else. I found out alot of things after I got there and I couldn't talk about them. I can now. SUPERVISOR CHAMPAGNE-Pliney, I have to ask a question. When you couldn't talk about them, you mean while you were on the board? Because you were on the board, you couldn't talk about them? MR. TUCKER-That's right and I don't know if! want to talk about them tonight because who cares. I mean there's nobody here, what happens with this thing. There's one thing that bothers me with your new law. Why are you putting a member of the town government on the board? SUPERVISOR CHAMPAGNE-I asked the same thing. Why would you want to put a member of the Town Board on this committee and our good counsel probably should answer this because I asked him the same question. TOWN COUNSEL MARK SCHACHNER-Yes and the answer is that does not, nobody is suggesting that a member of the ethics board should be a member of the Town Board but New York State General Municipal Law governing the composition of ethics boards states that one member should be an employee, officer or official of the town. It can just be a town employee, it does not have to be a Town Board Member but it's a state law provision that says that one member of the Ethics Board should be a town employee. MR. TUCKER-When did that come about? TOWN COUNSEL SCHACHNER-I don't know for sure if I can answer that question as we sit here today. I can show you the provision of law if your interested but I don't think what I show you will tell us when that was enacted. MR. TUCKER-Well, I'm just wondering why wasn't it in the original law? SUPERVISOR CHAMPAGNE-I raised the same question. TOWN COUNSEL SCHACHNER-I'll vouched for him, he did. SUPERVISOR CHAMPAGNE-Yea, I did and that's a good question. I can't understand, or I guess I don't understand why that was not part of the law when it was changed back whatever it was, 93 I guess or 94. TOWN COUNSEL SCHACHNER-I can tell you that it's in section 808 of the New York State General Municipal Law and the relevant provision says, such Board of Ethics shall consist of at least three members, a majority of whom, I'm quoting, this I am quoting verbatim and you're welcome to this. A majority of whom shall not be officers or employees or such county or municipalities, etcetera, etcetera and then it says at least one of whom shall be an elected or appointed officer or employee of the municipality. SUPERVISOR CHAMPAGNE-There's no date on the one that I was reading. MR. TUCKER-Do you have a date on that when it was, I just can't understand why it wasn't COUNCILMAN MONAHAN-I'm sure we can get that for Pliney. TOWN COUNSEL SCHACHNER-Oh yea, I just don't know it now. COUNCILMAN MONAHAN-We can get that for you Pliney if you would like it. MR. TUCKER-Yea. Betty made the statement or Mrs. Monahan made the statement, out of respect for her position, made the statement that you're having difficulty finding people to fill the boards and what have you. Is this a fact? SUPERVISOR CHAMPAGNE-The facts are that when we advertise for Planning, Zoning, Assessment COUNCILMAN MONAHAN-The Planning and Zoning are the ones with the main difficulty. SUPERVISOR CHAMPAGNE-We are not, we do not seem to get the applications, the number of applications that we would hope for and I think the interpretation of that partly could be that there are some folks out there that are not interested in disclosing their worth. I think we found that to be true when this law went into effect the number of people who had served on some boards that left under those conditions. COUNCILMAN MONAHAN-And said that's why they left. SUPERVISOR CHAMPAGNE-And said that, yea. COUNCILMAN MONAHAN-And part of it is, it doesn't only relate to the persons own finances, it can relate to clients and etcetera and so on and that's a problem, it kind of swept up everything. SUPERVISOR CHAMPAGNE-Pliney, I guess, you know, as I look at this law and look at the original law, if you look at the outcomes, if you look at the expectations are from having this law on the books. In other words, what comes out the end of the tunnel, I really don't see an awful lot of difference. I mean, what this says is that rather then everyone disclosing and then having the ethics committee go through every disclosure and identify the individual and match it up with their disclosures, financial in particular, this will do that. I mean if your found, not guilty but if your found to have the problem, the board certainly has the right to ask you to full disclose all of your financials. So, you know, again I just see this coming, you know, the end result of this is no different then the end result that was put in place by thirty-six pages of language, verbiage that we think will stream line this, make it easier to monitor. MR. TUCKER-I know you had people resign from boards when this took affect, maybe I was naive at the time, I figured that if anybody wanted to serve on these things, if they didn't steal their wealth, they wouldn't give a danm who knew where it came from. COUNCILMAN MONAHAN-But part of it Pliney it required in some instances that you disclose your clients and your clients interest and that was part of the problem of why some people resigned. And if you remember that's why during the public hearing, we specifically exempted attorneys but then there were other people who also felt that they got caught in this besides attorneys and they did resigned. MR. TUCKER-Yea, I know we had a problem because there were attorneys everywhere and no reflection on attorneys but they COUNCILMAN MONAHAN-Well but I meant they felt they were having to disclose things relative to their clients and after all, they can't do that under their own ethical conditions. MR. TUCKER-I think your board is as far as volunteers that you have gotten are qualified people, any that I have had to deal with, they seem to be. Well, the notifying of people being charged and notifying them of the end results, maybe I missed it but in the original law it was by registered mail. In this law I don't think it is. SUPERVISOR CHAMPAGNE-You maybe right. MR. TUCKER-Would that help keep some of the kinks out? COUNCILMAN TURNER-I would think if you're going to notify somebody, you would notify them with registered mail anyway. MR. TUCKER-Yea, but if it isn't part of the law Ted, they're going to say, oops. COUNCILMAN MONAHAN-Well, we could easily add it on page 6 and by the way, we've got to fill in the blank within so many days to receipt. Right after it says, the ethics board shall notify the affected person and we could easily, we could, shall notify by registered mail, that would be very easy. Or by certified mail, I should say, notify by certified mail, that's not a problem. MR. TUCKER-It will be inserted wherever? COUNCILMAN MONAHAN-Yea. MR. TUCKER-And be part of the law? COUNCILMAN MONAHAN-Sure if all the board is in agreement with that. COUNCILMAN PULVER-Sure. SUPERVISOR CHAMPAGNE-I have no problem with that, it should be. COUNCILMAN TURNER-Yea, I don't have a problem with that. SUPERVISOR CHAMPAGNE-Anything else, Pliney? MR. TUCKER-Alright now, as I understand this, if an official is charged with ethics violation, one of the requirements will be that he fills out a disclosure at that time? COUNCILMAN MONAHAN-If the ethics board decides that that merit has, I mean if that complaint has merit. MR. TUCKER-It will be up to the determination of the board? COUNCILMAN MONAHAN-The Ethics Board. MR. TUCKER-Thank you. SUPERVISOR CHAMPAGNE-Okay. Anyone else? Yes sir. MR. ROGER BOOR-Roger Boor, hello. I've only been back in the area for eighteen months so I'm trying to get back up to speed. So, I'm not familiar with the existing law pertaining to ethics or the new proposed revisions so I'm just trying to get some background. As far as financial disclosure, if anybody can answer this, my understanding of it is, if, let's say I own stock in IBM and AT&T that that's all I have to say, I don't have to give a monetary value on what it is, I just have to say I have an interest in this company. Is that correct? SUPERVISOR CHAMPAGNE-As I remember and I would have to go back now to when I last filled out the disclosure, it seems to me as if there was like an A, a B, a C, a D, and an E and a F and with each, that A might be fifty dollars to five hundred. B might be five hundred fifty-one dollars, no you had to rate it in terms of COUNCILMAN PUL VER-I don't remember that. COUNCILMAN MONAHAN-I don't think so. COUNCILMAN TURNER-Over ten thousand. COUNCILMAN PULVER-Yea or ten thousand shares. MR. BOOR-I think it's a considerable amount from what I've been told. I'm just trying to find out. In other words, when you characterize these financial disclosures, they're not really financial disclosures, they're just holding disclosures. So, I think it might be improper to infer that people know what your worth and where you make your money. All it essentially says is you have an asset in such and such and such and such. Now, like I say, I'm not sure if that's true, that's just my take on it. SUPERVISOR CHAMPAGNE-I would need to go back and study that disclosure statement myself unless you've got one with you there, Mark. EXECUTIVE DIRECTOR, MR. MARTIN-There right, as part of the code itself. TOWN COUNSEL SCHACHNER-It's right in the code book. COUNCILMAN MONAHAN-I think Roger is substantially correct, that it's not an amount. COUNCILMAN GOEDERT-Right. SUPERVISOR CHAMP AGNE-I thought it was a range. COUNCILMAN MONAHAN-It is that you do or don't. Yea it's a range. COUNCILMAN GOEDERT-Unless it's over a certain amount. MR. BOOR-A lot though, right? MR. TUCKER-Ten thousand dollars. COUNCILMAN TURNER-Yes, it's ten thousand. MR. TUCKER-In excess of. MR. BOOR-And then you have to, then you have to start reporting the actual monetary value, over ten thousand. Okay. SUPERVISOR CHAMPAGNE-Wait a minute, wait a minute. I don't have my copy here and to be honestly, I'm confusing the town's with the county because the county does have the ranges in it. So, go ahead Mark. TOWN COUNSEL SCHACHNER-I believe that the existing town financial disclosure form, I think I'm looking at the right form says, please list all sources of gross income in excess of ten thousand dollars per year except income from stock ownerships. And then says, list only the source not the amount and then it has a list of four categories of that. Then it has a list, it says, please list any sole proprietorship, partnership or corporation in which you presently have or within the preceding twelve months had an interest of five percent or more which does business with the Town of Queensbury or any agency or board of the town. Then it asks you to list any real property. Then, those would seem to be the germane sections. MR. TUCKER-Fourteen twelve. Have you got fourteen twelve? TOWN COUNSEL SCHACHNER-I'm sorry? MR. TUCKER-Fourteen twelve was the old ethics law. TOWN COUNSEL SCHACHNER-I'm looking at the financial disclosure statement itself which appears to be right after fourteen dash twelve. MR. TUCKER-Fourteen dash twelve requires the listing of stock over ten thousand dollars and alot of it is predicated on whether you're in a corporation that has, is doing business with the town. MR. BOOR-Okay, the other question I had is with regards to the changing of these laws, rules, assuming you all don't think alike without speaking, I assume somebody spear headed this or initiated the discussion which lead to the decision that a public hearing would be held and that you would consider changing these and if you could tell me which one of you that was, I'd like that. COUNCILMAN PUL VER-I think it started about four, three and a half years ago when we took office. MR. BOOR-Who initiated this motion to make this a public hearing on ethics law, is my question? SUPERVISOR CHAMPAGNE-This was voted by all of us. MR. BOOR-Who initiated the discussions? Like I said, I can't believe you all had simultaneously thoughts without discussion. So somebody said, you know, why don't we discuss the ethics law. SUPERVISOR CHAMPAGNE-Well to give you some history is to go back when this board first took office, we met with both the ethics committee and the ethics board. The Town Board and the other two boards sat down and I think there was a concern on the part of all of us including the ethics board and the ethics committee, in fact I have a letter from John Burch stating that we would be interested in looking over the law as it's written. At that point, COUNCILMAN PULVER-It was to review and rewrite the ethics law as it was. SUPERVISOR CHAMPAGNE-There was a question on disclosure and at that time, they were open, you would present your disclosure and it would be opened by everyone of the members on the ethics committee or ethics board, I don't know which one. MR. TUCKER-The advisory council. SUPERVISOR CHAMPAGNE-The ethics advisory council, okay the ethics advisory council so that every, every disclosure was opened and reviewed by that group. MR. BOOR-No, I guess I'm not making myself very clear. SUPERVISOR CHAMPAGNE-You're making yourself very clear, Roger, I hear MR. BOOR-So, there was no individual that said let's do this or let's look into this? SUPERVISOR CHAMPAGNE-No. COUNCILMAN PULVER-It was the decision after those meetings that the board would undertake review of the ethics law. MR. BOOR-Who initiated it? Somebody had to initiate it. I can't, I didn't come up here and not speak, I initiated the conversation tonight by asking this question to you. SUPERVISOR CHAMP AGNE-I don't know, do you want me to say I initiated? COUNCILMAN MONAHAN-I think it was a mutual initiation. MR. BOOR-No, I want to know who initiated it? It's COUNCILMAN MONAHAN-I think a whole slue of people did at once. COUNCILMAN PULVER-Yea, it was. SUPERVISOR CHAMPAGNE-This board came in here COUNCILMAN MONAHAN-They felt it was a bad law. COUNCILMAN PULVER-It was. COUNCILMAN GOEDERT-It was discussed for months at workshop by everybody. If you want to know who MR. BOOR-This is a public meeting now, this got put on by COUNCILMAN GOEDERT-Wait a minute, if you want to know who it was that made the motion MR. BOOR-Yes, that's what I want to know. COUNCILMAN GOEDERT-That would put this to public hearing, I guess we would have to go back to the records of that night. MR. BOOR-Okay my question now comes, now, I'm glad you said at that because I have another concern and that's something that I've heard about and that's called, it's an ad-hoc meeting called a workshop where a majority of you would meet without a seventy-two hour public notice and without SUPERVISOR CHAMPAGNE-Roger, wait a minute. COUNCILMAN MONAHAN-Oh, you've got so much misinformation Roger, it isn't even funny. MR. BOOR-I probably do and I want to get corrected and that's why I'm here. I want you to correct me on these things, I want you to tell me. SUPERVISOR CHAMPAGNE-Okay, let me take this one please. We meet every first and third Monday of the month at seven o'clock. That's advertised in the paper from January one, that's an automatic general public meeting. We also have workshops every second and fourth Monday. That also is advertised through Brendon Lyons at the newspaper in January. TOWN COUNSEL SCHACHNER-At four-thirty. COUNCILMAN MONAHAN-And I believe both of those were set by MR. BOOR-And there has always been seventy-two hours public notice? And there have always been minutes kept? That's my questions. COUNCILMAN MONAHAN-I believe they were part of our resolutions at the start of the year. MR. BOOR-At the fire house? SUPERVISOR CHAMPAGNE-Wait a minute, wait a minute. TOWN COUNSEL SCHACHNER-Let's take this a step at a time, okay. COUNCILMAN GOEDERT-Something is wrong here. I think we're off the track of the public hearing on the ethics law. MR. BOOR-No, I'm trying to get to a, I'm trying to make a point. SUPERVISOR CHAMPAGNE-Well, do you want to go ahead Mark? Make your comment. TOWN COUNSEL SCHACHNER-Well, it depends how much you want to get into this but taking this a step at a time, for starters, the second and fourth Monday four-thirty workshops are also advertised every single time they occur throughout the entire year. At the Town Board's Organizational Meeting shortly after January first of each year, they adopt that schedule as part of a formal resolution and to the best of our knowledge they're in the paper every single time these things come up. MR. BOOR-Well TOWN COUNSEL SCHACHNER-Let me finish, okay? The, as far as minutes being, they're open public meetings. The first and third Monday night meetings are held here, the second and fourth Monday afternoon meetings are typically held in the smaller conference room adjacent to the Supervisor's Office. I don't remember if minutes are kept all the time or are they now kept. SUPERVISOR CHAMPAGNE-On tape, on tape. TOWN COUNSEL SCHACHNER-They're now kept all the time, although as it happens they're not required to be kept by law but they're kept anyway because the town has made a policy decision to keep those minutes. So, those are all open to the public, those are all advertised in advance in full compliance with law and the minutes of all of them are totally available to anybody who wants them. MR. BOOR-I'm glad. I just was, I had received information that there were meetings that weren't held here where a majority of members were present and minutes weren't taken. DEPUTY TOWN CLERK BARBER-Are you referring to the committee meetings? MR. BOOR-I'm talking any time there's a majority of you that meet and there isn't a seventy-two hour public notice and minutes aren't kept, is all I'm referring to. If they don't occur, then it's nothing to worry about. SUPERVISOR CHAMP AGNE-Oh Roger, that's not correct. COUNCILMAN GOEDERT-I don't ever remember a time. MR. BOOR-Never at a firehouse? SUPERVISOR CHAMPAGNE-We're monitored pretty closely by that young fellow right back there. COUNCILMAN GOEDERT-I've never been to a meeting, I went to a dinner at the firehouse. MR. BOOR-Was there a majority of you there? COUNCILMAN GOEDERT-But that is not, we're not at a meeting, we're at a dinner. MR. BOOR-Were there a majority of you there? COUNCILMAN GOEDERT-Yes, probably. MR. BOOR-Okay. COUNCILMAN PULVER-But it wasn't a meeting. COUNCILMAN GOEDERT -But that's a dinner, not a meeting. MR. BOOR-That's fine, that's fine, whatever you want to call it, that's fine. COUNCILMAN GOEDERT-We don't, alot of us don't even sit at the same table. MR. BOOR-I'm not be accusatory, I'm just asking like, really basic questions. I'm not saying you did anything wrong, I just wanted to know if you, a majority of you were at a place at one time COUNCILMAN GOEDERT-Yes, we were at MR. BOOR-Without minutes being taken SUPERVISOR CHAMPAGNE-Yea but MR. BOOR-And the public being notified? SUPERVISOR CHAMPAGNE-But again, I'm going to refer it back to the attorney MR. BOOR-It's not, I'm not accusing you. SUPERVISOR CHAMPAGNE-No, I hear you but just so you're clear on that, that that is a legal move. I mean there's nothing illegal about that. MR. BOOR-I'm just asking a question. I just, it's for a, I'm just trying to get some information. Like I said, I'm getting back ground, SUPERVISOR CHAMPAGNE-Okay, I just want to make sure you get all MR. BOOR-I haven't been here that long, I'm trying to get up to speed. SUPERVISOR CHAMPAGNE-I just want to make sure you get all the information, you need all the information. MR. BOOR-Okay, okay, okay. COUNCILMAN MONAHAN-Roger, if you check the paper you'll find committee meetings and everything like various committees. COUNCILMAN GOEDERT-Did we get off the ethics law here or what? COUNCILMAN PUL VER-I think so. I think we've jumped away from the ethics. COUNCILMAN MONAHAN-The Highway Committee, Water Committee, all those meetings are publicized also in the list of meetings. MR. BOOR-I know that, well yes, I understand that if it's in the paper, I'm sure it's going to happen. I'm just saying that some things might not make the paper, whether they do or not, I don't know. It's just, you know, it's just a question. SUPERVISOR CHAMPAGNE-Sure. MR. BOOR-I'm not trying to be hostile, alright? SUPERVISOR CHAMPAGNE-Oh, that's fine. MR. BOOR-Okay. SUPERVISOR CHAMPAGNE-Anyone else, the public hearing on the ethics law? How about from the board? Anything from the board? COUNCILMAN GOEDERT-I have a question. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN GOEDERT-One page 4, item G. SUPERVISOR CHAMPAGNE-Yes, department heads. COUNCILMAN GOEDERT-We had discussed to bring that up to the nineties and make it a resident within your home. SUPERVISOR CHAMPAGNE-No person who was related by blood or marriage, that's the one we're looking at right? COUNCILMAN GOEDERT-Yea. COUNCILMAN MONAHAN-Oh yea, I know what Connie is saying, yea. That's right, we were going to change that. TOWN COUNSEL SCHACHNER-Yea and I think the way Connie suggested makes sense. I think you could say, you could add the words, or resides in the home of, right after the words, by blood or marriage to and then it would read, no person who is related by blood or marriage to or resides in the home of a public officer or department head, etcetera. Yea, it's a good suggestion. SUPERVISOR CHAMPAGNE-There you go. COUNCILMAN GOEDERT -It's in reference to employment. SUPERVISOR CHAMPAGNE-Okay, good. Now, go back to page two COUNCILMAN MONAHAN-Yea, there was some other place we were going to put that in, I think. SUPERVISOR CHAMPAGNE-Back on page two, section 14.4a, it addresses, the last sentence. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman and EMS, probably should be in there also. COUNCILMAN GOEDERT-They have it in there. COUNCILMAN MONAHAN-It is. Have you got the correct one that Mark just gave us? SUPERVISOR CHAMPAGNE-No, I don't. COUNCILMAN MONAHAN-You need the new one. TOWN COUNSEL SCHACHNER-Yes you do. SUPERVISOR CHAMPAGNE-Yes I do, yes I do. COUNCILMAN MONAHAN-They did it. COUNCILMAN PULVER-Or emergency medical volunteer, services volunteer. SUPERVISOR CHAMPAGNE-Sorry about that. Sorry about that. Got you. Is it twenty-five, back on page two. COUNCILMAN MONAHAN-Back on page two? SUPERVISOR CHAMPAGNE-It talks about twenty-five dollar or more. The state statute addresses seventy-five dollars, am I right in that? It's not going to make any difference but. TOWN COUNSEL SCHACHNER-That sounds familiar. MR. TUCKER-Change it to what? SUPERVISOR CHAMPAGNE-I think the state had seventy-five dollars in there. COUNCILMAN MONAHAN-Because of inflation from the time of when this was originally went on the books, I'm sure. SUPERVISOR CHAMPAGNE-For whatever reason. TOWN COUNSEL SCHACHNER-You can make it seventy-five dollars if you want, I don't remember if the state is or is not. SUPERVISOR CHAMPAGNE-It isn't, you know, I'm just trying to stay with the state statute if that's where it's at. I certainly can live with COUNCILMAN MONAHAN-I think it is, the state. MR. TUCKER-Why would anyone in town government need to receive a gift? Would you pray tell me? You get paid, people serving in government are getting paid to do the work that they're doing. SUPERVISOR CHAMPAGNE-I have no problem with that. COUNCILMAN MONAHAN-Well, I think maybe it might be in there in case you are invited out to dinner or, for some kind of a thing or something like that. It, which, you know, sometimes those kinds of things. COUNCILMAN GOEDERT-The only thing I've ever been invited to, they wanted my check to go along with it. MR. BOOR-Would you limit that to dinner? COUNCILMAN GOEDERT-The only thing I've been invited to, they wanted my check to go along with it. COUNCILMAN MONAHAN-That's true. COUNCILMAN PULVER-Invite you to lunch, buy your own lunch and give a donation. COUNCILMAN MONAHAN-Yea. MR. BOOR-Are you going to, are you going to declare what the limitations are? Is it going just be dinner? MR. TUCKER-You're really getting into something when you start doing that. SUPERVISOR CHAMPAGNE-It's a twenty-five dollar limit here. MR. TUCKER-And if it's a box of candy, you leave it here anyway, right? SUPERVISOR CHAMPAGNE-Send it back. MR. TUCKER-Give it to the workers. TOWN COUNSEL SCHACHNER-The state statute is fairly long, I'm looking through it but I don't mean to hold things up, there's many, many pages. COUNCILMAN PUL VER-Twenty-five is fine, you can leave it. SUPERVISOR CHAMPAGNE-Yea, let's go with twenty-five. COUNCILMAN PUL VER-I mean I don't have a problem with it. I'm not taking gifts. SUPERVISOR CHAMPAGNE-Now there's a question here on page 6. Two years, again it's the last sentence. Two years after the board has made it's final determination regarding the alleged impropriety, the final disclosure statement shall be returned to the affected person if his or her current address is on record with the board. I have no problem with that but it does commit us to making sure that that is returned back to the individual. COUNCILMAN MONAHAN-Or it says it can be destroyed. It can be destroyed, either one. TOWN COUNSEL SCHACHNER-Well, actually what it says is only, it can only be destroyed if the person's current address is not on record. If the board, one of the things that Fred and I talked about and I would certainly wouldn't have any problem with this is, just say the financial disclosure statement shall be destroyed in a manner that maintains it's confidentiality. That way you don't have the burden of trying to track the person down. COUNCILMAN MONAHAN-And maybe if some people won't be comfortable with that, maybe you can say, unless the person involved asked it to be returned to them. TOWN COUNSEL SCHACHNER-Oh that's fine. That's fine. COUNCILMAN MONAHAN-See, some people are uncomfortable that they feel like it never got destroyed. SUPERVISOR CHAMPAGNE-If requested. COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-Upon request. MR. TUCKER-Mr. Chairman? SUPERVISOR CHAMPAGNE-Yes sir. MR. TUCKER-They're still under the jurisdiction of the Town Clerk, are they not? SUPERVISOR CHAMPAGNE-Yes. MR. TUCKER-Then she, after the board gets down with them. COUNCILMAN MONAHAN-Do they come to you? No, the board keeps them in their own files. SUPERVISOR CHAMPAGNE-No, no. MR. TUCKER-No. COUNCILMAN MONAHAN-The board has them in their files. MR. TUCKER-No, no, I don't think they do. COUNCILMAN PULVER-No, the Town Clerk has them. COUNCILMAN MONAHAN-No they don't. COUNCILMAN GOEDERT-No, they're in a vault down in the MR. TUCKER-The Town Clerk, yes they do. DEPUTY TOWN CLERK BARBER-We just receive them, no. COUNCILMAN MONAHAN-No. MR. TUCKER-That's where mine was and after I got out of office I went to get it and she said I had to wait a year and then I forgot. DEPUTY TOWN CLERK-We're responsible for getting those forms out every March and they have to turn them in by April 1st. We don't open them. We put them in a sealed envelope, we receive them. We make a list of the people that submitted them and then it goes right to, what's his name? SUPERVISOR CHAMPAGNE-Mr. Burch. DEPUTY TOWN CLERK-Mr. Burch and he holds them. We have no, nothing to do with that. COUNCILMAN GOEDERT-Where does he hold them? DEPUTY TOWN CLERK-In a vault downstairs, locked up. MR. TUCKER-Why would he hold them? COUNCILMAN MONAHAN-Because that, they were asking for a place to hold them in, that's why I knew they had them. SUPERVISOR CHAMPAGNE-They do come back here and locked in the vault though, is that correct? COUNCILMAN MONAHAN-But under the direction of that board, the clerk has nothing to do with them. TOWN COUNSEL SCHACHNER-Not only that, but don't forget under this law, you wouldn't have all these financial disclosure statements so you wouldn't even have that issue. The only time you would even have a financial disclosure statement to worry about how to return it or destroy it, would be if a complaint had been made against a particular person and the ethics board said, that complaint has enough merit to warrant that person filing a statement. So you're not even going to have these many dozens of statements to worry about. SUPERVISOR CHAMPAGNE-Right. TOWN COUNSEL SCHACHNER-And I think we can certainly change that language so it just says, well, the concept would be that it's returned to the affected person if requested or destroyed in a manner that assures it's confidentiality. COUNCILMAN MONAHAN-I think you can just say, the financial disclosure statement shall be destroyed in a manner that maintains it's confidentiality unless the SUPERVISOR CHAMPAGNE-The affected individual requests. TOWN COUNSEL SCHACHNER-We already have the language on the previous page if you want. COUNCILMAN MONAHAN-Where? TOWN COUNSEL SCHACHNER-At the very bottom. It says the financial disclosure statement shall be returned to the affected person and I would just add the word, after if, add the word requested. COUNCILMAN MONAHAN-If requested. TOWN COUNSEL SCHACHNER-Right and then cross out from his slash her all the way up to shall and replace all of that language with the word or. COUNCILMAN MONAHAN-Or shall be destroyed. TOWN COUNSEL SCHACHNER-Correct. SUPERVISOR CHAMPAGNE-I'd rather put the onus back on the individual. COUNCILMAN MONAHAN-Yea. MR. TUCKER-I'm still unlIappy. COUNCILMAN MONAHAN-Wait a minute. SUPERVISOR CHAMPAGNE-Well, let's make you happy. What have you got to have? MR. TUCKER-Well, I hope you can. I know the committee is part of the law but I still think that after the committee gets done with those things, it ought to be in this law that they come back to the Town Clerk and she has control. COUNCILMAN MONAHAN-But I think what was happening, they were trying to take them out of the control of any elected official and put them in the control of the board. That's where all the action has taken place. TOWN COUNSEL SCHACHNER-I think one of the goals actually is expressly not to involve the Town Clerk's Office. COUNCILMAN MONAHAN-That's what I'm saying. TOWN COUNSEL SCHACHNER-Yea. COUNCILMAN MONAHAN-Because that's an elected official. TOWN COUNSEL SCHACHNER-And I think that makes sense for a variety of reasons. For a whole variety of reasons. COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-Well I think it makes sense to leave it in the control of the board or council, whatever the COUNCILMAN MONAHAN-Yea, it's their responsibility. MR. TUCKER-The advisory ethics board? SUPERVISOR CHAMPAGNE-Yea. COUNCILMAN MONAHAN-I suppose we could say at the end of two years, it shall be turned over to the Town Clerk to be destroyed because we're the ones that got the shredders and everything so we're sure that they're destroyed properly. MR. TUCKER-Why would you want to hang onto them at all if they're not, they're not going to be brought up unless somebody is charged? Correct? SUPERVISOR CHAMP AGNE-I think, Mark, really, just for the record, I would think. We'd want to keep it or at least the board would want to keep it for two years. TOWN COUNSEL SCHACHNER-You mean, why hold onto them for even two years? Ifsomebody brings some kind of legal action or something, would be the obvious reason. COUNCILMAN MONAHAN-If somebody didn't agree with the decision that was made along the way and then went to court to overturn that decision. TOWN COUNSEL SCHACHNER-Right, you don't want MR. TUCKER-The law here says they've got to agree to the decision or it comes down to you folks. TOWN COUNSEL SCHACHNER-The law doesn't supersede anybody's right to maintain a legal action against the town. If that were to happen, I for example as the town's counsel would certainly be in favor of retaining whatever records form the basis of the town's decision. SUPERVISOR CHAMPAGNE-Yea, you would absolutely need that. MR. TUCKER-Let me ask you a question. You've got an ethics board. It goes to the ethics board and they take a look at it. The people being charged are unlIappy with it, where does it go then? TOWN COUNSEL SCHACHNER-It depends what the ethics board determines. SUPERVISOR CHAMPAGNE-It could be, well unless he wants to hire a lawyer. The person being charged. MR. TUCKER-You don't have to hire a lawyer. Fred, if the guy is unhappy with the decision made by the ethics board, then it goes to the Town Board. SUPERVISOR CHAMPAGNE-Who, wait a minute. The guy, is the guy the one that's being charged or the one that's bringing the charges? MR. TUCKER-The one being charged. SUPERVISOR CHAMPAGNE-He's unhappy with it? MR. TUCKER-Yea. I know under the old law, I was the first turkey out there. Okay and I went to SUPERVISOR CHAMPAGNE-Okay. I didn't know whether you were first or last, Pliney. I knew you were in there somewhere. MR. TUCKER-No, I was the first and I went to the advisory board and I was unlIappy with the decision they made and I had a number of days to notify them that I was unlIappy and then it moved onto the ethics board and the ethics board decided that I wasn't guilty and I was happy with that and it didn't go any further. But if I had been unlIappy with that, it would have went to the Town Board and then it became public, the entire thing and from that point on it was settled. SUPERVISOR CHAMPAGNE-Well basically this follows the same trend. This, you know, the charge. MR. TUCKER-Well, that's what I'm, that's where I'm trying the attorney that if, if charges are brought under either this new law, everybody has got to agree before anything is settled. The people being charged. SUPERVISOR CHAMPAGNE-No, no, no, it's going to be kicked up to the Town Board. COUNCILMAN MONAHAN-No, it can get kicked up to the Town Board just like the other one could before you get done. SUPERVISOR CHAMPAGNE-Sure, the Town Board MR. TUCKER-I know that but if he is unlIappy it becomes public when it comes to the Town Board. SUPERVISOR CHAMPAGNE-Yes. He's going to be unhappy. MR. TUCKER-And at that point, he may hire a lawyer and suit you right at that point. What I'm saying is, is anything that goes through this law, when it's once settled, you no longer need the disclosure form because it is settled. COUNCILMAN MONAHAN-No, he can take it to court, he doesn't have to agree with the Town Board. MR. TUCKER-Oh Betty. SUPERVISOR CHAMPAGNE-No, he could Pliney. COUNCILMAN MONAHAN-He doesn't, am I right? Am I right? TOWN COUNSEL SCHACHNER-Yes, you're absolutely right. SUPERVISOR CHAMPAGNE-Or six months later. COUNCILMAN MONAHAN-This is on the advice of counsel. MR. TUCKER-Mark, how, if he comes in front of the Town Board. TOWN COUNSEL SCHACHNER-Right. MR. TUCKER-Alright and they settle it TOWN COUNSEL SCHACHNER-One way or another. MR. TUCKER-The client and them settle it. Alright, and the client has got to be happy with it, otherwise he can tell the Town Board to go fish. TOWN COUNSEL SCHACHNER-Whose the client? You lost me on that one. MR. TUCKER-The guy being charged. TOWN COUNSEL SCHACHNER-Okay, the person being charged MR. TUCKER-Right. TOWN COUNSEL SCHACHNER-And the Town Board, let's say the Town Board makes a determination that there's been some unethical impropriety. Okay? MR. TUCKER-Correct, correct. TOWN COUNSEL SCHACHNER-And let's say the person being charged does not agree with that determination. MR. TUCKER-Right at that point, that's where it will go to court. TOWN COUNSEL SCHACHNER-It may go to court and it may not happen in one day or one week or one month, there's a period of time in there where it may take to go to court. Let's say the Town Board imposes some sanction. Let's say the Town Board dismisses that employee because the unethical behavior is a gross unethical behavior. MR. TUCKER-Correct, correct. TOWN COUNSEL SCHACHNER-Let's say that person doesn't agree with his or her dismissal and with or without counsel maintains a legal action against the town. The town wants to retain the documentation which partially formed the basis for it's decision until the smoke clears, for lack of a better term. That's all that the town is saying as I understand it. The only other thing that I want to point out is, at least from my perspective as counsel, I'm not sure that I understood that once something comes from the ethics to the Town Board, it is necessarily becomes public information. Under both the open meetings law and the freedom of information law, if the charge was something that could lead to the dismissal, suspension or demotion, I'm not quoting verbatim but the jest of it is, if it's something that could lead to suspension, demotion or disciplining of an employee or official, it probably would not have to be public information if you didn't want it to be. Once the determination was made that resulted, that once the scenario was played out and a determination was made, that would be public. SUPERVISOR CHAMPAGNE-Okay, I guess I'd have to go back to the old law, I don't know. Pliney, are you referring to the original law relative to the information being made public at the time that it got to the Town Board? I don't recall that either. TOWN COUNSEL SCHACHNER-I think Mr. Tucker's principal question had to do with why retain the documents at all beyond the determination dated. MR. TUCKER-After the thing is settled. TOWN COUNSEL SCHACHNER-Right, I guess the only answer I can give is I think it makes good sense for the town to retain the documentation that helped form the basis of it's decision for a relatively short period of time until, again, for lack of a lawyer like term, until the smoke clears. Until there's, if a legal action is filed, it will be over. If a legal action is not filed, it will be too late to file it. COUNCILMAN MONAHAN-No, it doesn't say anything on this that that meeting has to be public with the TOWN COUNSEL SCHACHNER-Oh, I thought someone said that and I just wanted to point out SUPERVISOR CHAMPAGNE-I think Pliney mentioned that earlier. TOWN COUNSEL SCHACHNER-Okay and I just wanted to point out that's not COUNCILMAN MONAHAN-Yea, but it's not, I can't find, it's not in this one. TOWN COUNSEL SCHACHNER-No, it's not in here and MR. TUCKER-It's not in the new law. TOWN COUNSEL SCHACHNER-And it's not necessarily the case. COUNCILMAN MONAHAN-And I don't think it could, if it were in the old law, Mark is right, if it involved a town employee, they've got their rights about, as far as terms of employment and stuff like that. TOWN COUNSEL SCHACHNER-Well, it's not really the employee's right MR. TUCKER-What covers, what covers COUNCILMAN PULVER-Confidentiality. MR. TUCKER-Yea, but what covers that is the civil service law, if you're talking about town employees. The ethics law does not allow you to side step the civil service law. SUPERVISOR CHAMP AGNE-I don't know how this would bump against the union contract, you know. COUNCILMAN MONAHAN-Oh union employees don't have to file one. SUPERVISOR CHAMP AGNE-Oh you're right. COUNCILMAN MONAHAN-But that doesn't mean that they couldn't, that don't, wait a minute, they didn't have to file the disclosure statement before but that didn't mean that they couldn't have been involved. SUPERVISOR CHAMPAGNE-They have to agree that they've read this, though. COUNCILMAN TURNER-They have to agree, that's right. SUPERVISOR CHAMPAGNE-On the other one they had to agree that, they got a copy and they read it. COUNCILMAN TURNER-That's right. SUPERVISOR CHAMPAGNE-They didn't have to file a disclosure but still, this ethics law, you know, they still come under this umbrella. COUNCILMAN MONAHAN-Sure. SUPERVISOR CHAMPAGNE-What else have you got, Pliney? MR. TUCKER-I'm going to sit right here until I find something I want to chew about. SUPERVISOR CHAMPAGNE-Okay. Can someone else do some talking while you're MR. TUCKER-Yea, sure. SUPERVISOR CHAMPAGNE-Anyone else care to speak? MR. BRENDON LYONS-I'm with the Post Star. I had a question on, as far as disclosure Mark, once it or to the board I'll address, once it comes to the Town Board, I thought there was something in the law, I don't remember what the exact language was but that's, somehow the complaint would be made public. I agree with you that, TOWN COUNSEL SCHACHNER-You mean in the proposed law? MR. LYONS-Until there's an action brought by the Town Board, but with the action brought by the Town Board, they hand down a ruling that says, okay this worker is guilty or not guilty of unethical conduct, even if it was not guilty, would that ruling still be public or would it just be if it's guilty? TOWN COUNSEL SCHACHNER-I don't know. Off the top of my head I would say that it's not the ruling itself that's public in either scenario, it's what the action is. In other words, if there's a ruling for dismissal of an employee, the dismissal is public knowledge. MR. LYONS-So they could fire somebody but they have to do that by resolution or? TOWN COUNSEL SCHACHNER-Yea, I would think so. SUPERVISOR CHAMPAGNE-Yea. MR. LYONS-Okay. Also, what happens, it's a two step process now as opposed to one so if an action goes before the ethics board and there's a member of the Town Board on there but the charges are against another member of the Town Board, how is that handled? And the second part of that question is, if there's a charge brought against a Town Board member and the first board finds that there's probable cause or whatever to send it to the next level, how can this board rule on one of their own members then? How would that be handled? COUNCILMAN MONAHAN-Even the old one ended up at the Town Board before. COUNCILMAN PULVER-That's the way it was in the old ethics law. MR. LYONS-I'm not saying that was fool proof, that was riddled with problems according to everyone. So why not work that out now, is my question? TOWN COUNSEL SCHACHNER-Why can't it? Why couldn't it? COUNCILMAN MONAHAN-Before it ended up at the Town Board. It went through the two boards and still ended up at the Town Board. TOWN COUNSEL SCHACHNER-Right. I guess I don't understand the question. There's nothing to prohibit a Town Board from ruling about the propriety of one of it's own members. MR. LYONS-But would that, that person wouldn't take place in those discussions? TOWN COUNSEL SCHACHNER-Oh obviously not. MR. LYONS-It's going to be in executive session so that own TOWN COUNSEL SCHACHNER-No, no right but obviously a person can not ethically, by definition participate in the decision on their own, whether their own behavior has been ethical or not. COUNCILMAN MONAHAN-I don't think he's saying that. He's saying, under the makeup of this board, now it doesn't say that a Town Board member has to be on this board it just says a town employee. MR. LYONS-Right. TOWN COUNSEL SCHACHNER-Correct, official or employee. COUNCILMAN MONAHAN-Yea but I think what Brendon is saying, if a member of the Town Board was on the ethics board and another Town Board member was charged, right? MR. LYONS-Or that particular member? COUNCILMAN MONAHAN-Well if that particular member, you'd definitely have to abstain, that says so in the law. MR. LYONS-But abstain, I mean, do you get to take part? Do you get to sit in the room? Any of that TOWN COUNSEL SCHACHNER-No, no. COUNCILMAN MONAHAN-If you're getting charged. TOWN COUNSEL SCHACHNER-Only as the accused so to speak. MR. LYONS-Okay. COUNCILMAN MONAHAN-As the accused you would be there. COUNCILMAN GOEDERT-Yea, on the other side of the seat. TOWN COUNSEL SCHACHNER-Exactly but during the deliberations MR. LYONS-Okay. Well I just didn't see it spelled out in here and I thought, you know what if you have a member who says, well I have a right to be here, I'm a member of this board or something. TOWN COUNSEL SCHACHNER-And that's the person being charged? UNKNOWN-No, no. COUNCILMAN MONAHAN-No, he is saying that. SUPERVISOR CHAMPAGNE-Wait a minute, wait a minute, let the guy at the mic speak for himself. I'm sorry. TOWN COUNSEL SCHACHNER-Right, you're saying if that's the person being charged but he's also a member of the board, can he participate in the deliberations and the answer is clearly, no. MR. LYONS-Right. He can't even be in the room then? This board, the ethics board could say, you're a member of this ethics board, all of our discussions, deliberations, when the time comes in for you as anybody else would be charged. In other words, they're now separate, they're not even a part of that anymore, that's the way they're treated. TOWN COUNSEL SCHACHNER-Correct. MR. LYONS-Okay, but now the question is, if it's a member of the Town Board and it's, the charges against another member of the Town Board, is it a conflict for the board member to take part in that? TOWN COUNSEL SCHACHNER-I don't think so. MR. LYONS-Even though it's another member? TOWN COUNSEL SCHACHNER-Let's assume it's a member of the Water Department, I'm just making this up. MR. LYONS-Okay and there's a water TOWN COUNSEL SCHACHNER-Yea, that person can participate, as far as I'm concerned. MR. LYONS-Okay and then, the last part of the question was though, how does, the Town Board can rule on one of their own members then, is what you're saying in the second part? TOWN COUNSEL SCHACHNER-I don't see why not. COUNCILMAN MONAHAN-They could on the old, on the one before this. TOWN COUNSEL SCHACHNER-Yea, I don't see why not. MR. LYONS-Okay. COUNCILMAN MONAHAN-They still were the final deciding board. MR. LYONS-Okay. I mean, it just wasn't spelled out and I know in the other one, that was a question I always had too, was how it would be handled. TOWN COUNSEL SCHACHNER-Yea, I don't see why not. COUNCILMAN MONAHAN-But if the person accused were a Town Board member, they certainly couldn't participate in the Town Board decision either. MR. LYONS-Right. COUNCILMAN MONAHAN-You know, I mean this clearly says if you've got an interest or anything. MR. LYONS-Right, and then on the part about destroying the records, only and if they can't be reached through mail. TOWN COUNSEL SCHACHNER-Well that's just, it sounds like that's been changed. MR. LYONS-Okay but I mean, what I'm wondering is I thought the statute of limitations against public officers expires, the clock begins on that from the time they leave office. So I mean, is any of that being taken into account? In other words, a crime whether unethical or criminal committed by a public officer who is an elected official, the statute of limitations on that crime doesn't expire seven years after the crime. It expires, I think seven years after the date they leave office. So, if you've got somebody in office for twenty years and they've been out of office for, do you know what I mean? Okay, well the, in other words, first of all, I think there's other parts of state law isn't there, that govern record keeping and how long you're supposed to keep them and all of that? TOWN COUNSEL SCHACHNER-There is some general provisions. MR. LYONS-Okay, so this would fall in line with that as far as when you could TOWN COUNSEL SCHACHNER-This would be a specific provision that would govern. MR. LYONS-Okay. In other words, if you have a disclosure statement, my concern or question is, and somebody is brought up on unethical charges and they file a disclosure statement then for this board. Then after two years, you know, that case for whatever reason has died and you say okay, now we shred that document. Then, in this town, I mean it seems like, you know and in many towns that things can arise even after a certain period when someone hasn't been in office. I've gotten news tips on things three or four years after the incident occurred. TOWN COUNSEL SCHACHNER-So in other words, you're suggesting that it should be a longer period of time. MR. L YONS- That's what I think because that TOWN COUNSEL SCHACHNER-Okay, I understand your suggestion. MR. L YONS-Ifthat person has left the employment of the town, you no longer have a way to, I think compel them to fill out that disclosure statement without going to court. TOWN COUNSEL SCHACHNER-True, definitely true. MR. LYONS-So I think you should keep that disclosure statement even, you know, if it's confidential, it doesn't hurt to keep it longer then two years or whatever. I mean you have files. COUNCILMAN PUL VER-I think that's a good point. MR. LYONS-So that's all I would SUPERVISOR CHAMPAGNE-Keep it forever. MR. TUCKER-Where are you going to keep it? SUPERVISOR CHAMPAGNE-I mean, the board has a, the ethics board has a responsibility. COUNCILMAN MONAHAN-The ethics board, it's their responsibility. SUPERVISOR CHAMPAGNE-And it should be maintained there. I mean, we can get it, the clerks through the board can get it, I would have to assume. COUNCILMAN PULVER-They have a locked cabinet, don't they, that they, I believe that they keep these disclosure statements in here at the town? MR. TUCKER-Yea, I thought it was the Town Clerk's Office in the safe, but I guess I was wrong. SUPERVISOR CHAMPAGNE-Okay, Brendon. Anyone else? We're back to the public hearing, anyone else care to speak? MR. TUCKER-Can I run my mouth just a little bit more? SUPERVISOR CHAMPAGNE-Come right up there, introduce yourself and tell us who you are. MR. TUCKER-I want to talk to the attorney for a minute. SUPERVISOR CHAMPAGNE-Okay. MR. TUCKER-Pliney Tucker. Mark, we're talking about employees here, people that work for the highway department. Let's put it this way, people that belong to Civil Service Union, they're, the rules and regulations of Civil Service and things that are in their contract would govern how they're charged? I mean, they would be part of the action? TOWN COUNSEL SCHACHNER-Do you want me to answer these questions? SUPERVISOR CHAMPAGNE-Yea. TOWN COUNSEL SCHACHNER-Nothing in this law would change the applicability of the provisions of the Civil Service Agreement. MR. TUCKER-So union people would be protected by the Civil Service and the contract that they're working under. Is this what you're saying? TOWN COUNSEL SCHACHNER-Nothing in this law would change the provisions, the applicability of the provisions of the Civil Service Agreement. MR. TUCKER-Okay, alright. TOWN COUNSEL SCHACHNER-He hates when I do this. I'm not doing this to aggravate you. MR. TUCKER-So, I know, you're being professional. So the only people that would want to maintain SUPERVISOR CHAMPAGNE-Ethics? MR. TUCKER-No, the right to sue, would be people employed by the town that's not represented by civil service or an union, correct? COUNCILMAN MONAHAN-I don't know if that's true. TOWN COUNSEL SCHACHNER-No, I totally disagree with that. COUNCILMAN MONAHAN-I don't think that's true at all. SUPERVISOR CHAMPAGNE-Not at all. COUNCILMAN MONAHAN-Not at all. SUPERVISOR CHAMPAGNE-Let me give you a case. COUNCILMAN MONAHAN-I can think of one on the county. SUPERVISOR CHAMPAGNE-Let's assume a truck driver, a mechanic, whomever, in the union acts in such a way as been identified as being unethical according to the statute, according to the local law. Given that, he's, you know, this person may have a union contract to protect him for dismissal, release or suspension or whatever. Now, I would have to assume Mark and help me through this that if this law were to kick in at that point, at that time, this law could supersede? What would supersede the dismissal or suspension of an union worker given, you know, if he's found guilty at the board level, the Town Board level? TOWN COUNSEL SCHACHNER-I'm sorry, what would supersede it? SUPERVISOR CHAMPAGNE-Yea, I mean what TOWN COUNSEL SCHACHNER-I don't understand the question. SUPERVISOR CHAMP AGNE- The union, the contract wouldn't protect them. MR. PAUL NAYLOR, HIGHWAY SUPT.-I know that one. MR. TUCKER-Really? Come on up here and answer it. SUPERVISOR CHAMP AGNE- The contract would not protect them under these terms. MR. NAYLOR-It happened. TOWN COUNSEL SCHACHNER-The contract could certainly protect somebody under these terms. MR. NAYLOR, HIGHWAY SUPT.-It happened. MR. TUCKER-It did? MR. NAYLOR, HIGHWAY SUPT.-Yea. SUPERVISOR CHAMPAGNE-The contract would protect them? TOWN COUNSEL SCHACHNER-Could certainly protect somebody under these. For example, if I'm understanding your question correctly, if the contract includes and I believe it does, certain provisions regarding dismissal, that you would still have to go through, for a civil person subject to that agreement and that's why my answer was this law would not change the applicability of the provisions of the agreement. You would still have to go through the process in the agreement for dismissing that particular employee. COUNCILMAN MONAHAN-This process might bring it to your attention of something that went on. TOWN COUNSEL SCHACHNER-And this process might pile on sanctions and this process might worsen the penalty and do all sorts of things. But what I'm saying is, it doesn't supersede it and or take the place of the union agreement. SUPERVISOR CHAMPAGNE-I understand that. COUNCILMAN MONAHAN-So he would still have the same protection built in that are in that contract, even though he came under this for the mis, whatever it was he did. SUPERVISOR CHAMPAGNE-Going back to what Pliney is saying, that in reality, the only person that you could dismiss without going through a civil service would be the non civil service, the non union protective person, that would be the group then that you would identify as being dismissable. TOWN COUNSEL SCHACHNER-Without going through the union process. MR. TUCKER-Yea, yea. TOWN COUNSEL SCHACHNER-Right, I think that's correct. COUNCILMAN MONAHAN-Well civil service people have certain protection too. TOWN COUNSEL SCHACHNER-That's what we're saying. MR. TUCKER-Such as unruly departments heads, and what have you like that. COUNCILMAN MONAHAN-Yea so I mean it could be union or it could be civil service. MR. TUCKER-Over paid department heads. SUPERVISOR CHAMPAGNE-Town Board members. Okay, anyone else care to speak? Yes, Roger. Well, is there anyone first time around? We'd like to go through the first time around, if we can. I guess I don't see anyone. Go ahead, Roger, I'm sorry. MR. BOOR-Roger Boor again. One quick question and I think you've already answered it, Mark but I forget and that was, what was the reasoning for having a town employee on this? TOWN COUNSEL SCHACHNER-It's the state law. That's what I read to you from the state law. MR. BOOR-It requires it or it recommends it. TOWN COUNSEL SCHACHNER-No, it says, I can't tell you what the reasoning is. As Fred said earlier, he asked and we said, gee, I don't know why, but what it says is, such Board of Ethics shall consist of at least three members, a majority of whom shall not be officers or employees of the town, etcetera, etcetera. Then there's a bunch oflanguage that's not relevant and then it says, and at least one of whom shall be an elected or appointed officer or employee of the municipality. MR. BOOR-Thanks. MR. NAYLOR, HIGHWAY SUPT.-I'll give you a hypothetical question. MR. TUCKER-No, I want facts, never mind the hypothetical. MR. NAYLOR, HIGHWAY SUPT.-No facts because that happened. I've seen that happen. The gentleman came before one member of the board and his union came with him and they disowned him and walked away. SUPERVISOR CHAMPAGNE-The union did? MR. NAYLOR, HIGHWAY SUPT. -Yes. The gentleman had to get his own attorney to fight the charge and he won. MR. TUCKER-Who was this? MR. NAYLOR, HIGHWAY SUPT.-Back in your term. COUNCILMAN PULVER-It's confidential. SUPERVISOR CHAMPAGNE-Okay. Any other comments from the board, I guess? Unless we've got some from the, yes sir. MR. BOOR-I didn't, in my ignorance, I don't know who the gentleman that last spoke was. SUPERVISOR CHAMPAGNE-I'm sorry, Paul Naylor, Highway. Anyone else? MR. TUCKER-Yea, I got to come back. Paul's left us out here in left field. Is he talking about a previous Town Board member? COUNCILMAN MONAHAN-No, he's talking about a town employee. MR. TUCKER-A town employee? COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-A union, evidently it was a union town employee. COUNCILMAN MONAHAN-A union employee. SUPERVISOR CHAMPAGNE-A union town employee that was brought before, maybe it was the council or the first layer. COUNCILMAN MONAHAN-No, he brought it before the us. MR. NAYLOR, HIGHWAY SUPT.-The supervisor. COUNCILMAN MONAHAN-Yea. MR. TUCKER-He was brought before who? MR. NAYLOR, HIGHWAY SUPT.-The supervisor. COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-Now, wait a minute, maybe we're not to COUNCILMAN PULVER-Not this supervisor. SUPERVISOR CHAMPAGNE-We're not talking the same, we're not talking go in front of the ethics committee or ethics MR. NAYLOR, HIGHWAY SUPT.-Passed all that. SUPERVISOR CHAMPAGNE-Passed all that? COUNCILMAN MONAHAN-Can't really talk too much about it. MR. NAYLOR, HIGHWAY SUPT.-No. COUNCILMAN MONAHAN-You can't really talk about it. MR. NAYLOR, HIGHWAY SUPT.-That's all I can say. MR. TUCKER-Huh? COUNCILMAN MONAHAN-Can't talk about it. COUNCILMAN GOEDERT-Well I don't think it has any place for here then. COUNCILMAN PULVER-No, it has nothing to do with us. SUPERVISOR CHAMPAGNE-No, it doesn't really match up to the ethics process. MR. NAYLOR, HIGHWAY SUPT.-He wanted to know. MR. TUCKER-All I wanted to know is, did it have anything to do with the ethics process? COUNCILMAN GOEDERT-My understanding, it was during your board so you probably have more info on it then we do. MR. TUCKER-I don't even remember it. I don't know what the hell they're talking about. SUPERVISOR CHAMP AGNE-I don't know either. MR. TUCKER-I mean even as much as our ethics law stunk, it didn't wind up just the supervisor looking at things, I can guarantee you that. SUPERVISOR CHAMPAGNE-No, I understand that. Anyone else from the audience. Anything else from the Town Board? What's your pleasure? COUNCILMAN MONAHAN-In the first place we've got to, there's a couple of things, if we're going to save those records more then two years, we've got to change that date. And also, we have to, in C put in within so many days of receipt of a written complaint. And don't forget we have to give the ethics board time to meet and make a decision. COUNCILMAN PULVER-I'd like to postpone the resolution on this until we get the new copy with all the changes made in it. COUNCILMAN MONAHAN-Are we under the gun because of those forms supposed to be made out by COUNCILMAN PULVER-No, if we pass it by the next meeting I think we should be okay. COUNCILMAN MONAHAN-But the next meeting will be in April and those forms are supposed to be done by April 1 st. SUPERVISOR CHAMPAGNE-Yea. COUNCILMAN MONAHAN-That's the pressure. MR. TUCKER-Pass a resolution postponing those. COUNCILMAN PULVER-Right, we'll pass a resolution to have the clerk hold off sending them out. COUNCILMAN MONAHAN-Can we do that without a public hearing on that part of this? TOWN COUNSEL SCHACHNER-Yea, that's not a local law, that doesn't require a public hearing. COUNCILMAN TURNER-Either that or just extend the other one for a month. SUPERVISOR CHAMPAGNE-I can't extend, we can't extend the other one because of the requirement to get to the disclosures out. COUNCILMAN TURNER-You can't extend it. Can we extend the other one a month or whatever time it takes to get them out? Can we extend it long enough to get them out and make the changes? TOWN COUNSEL SCHACHNER-Are you asking me this? COUNCILMAN TURNER-Yea. TOWN COUNSEL SCHACHNER-Yea, I don't see why not. SUPERVISOR CHAMPAGNE-Why don't we pass this? What's wrong with this? COUNCILMAN PUL VER-I didn't write down all the changes on my copy. SUPERVISOR CHAMPAGNE-Let Mark go back through on this. COUNCILMAN PULVER-Alright, go back through and give me the changes. SUPERVISOR CHAMPAGNE-My opinion is that we're here, we've had the public hearing. COUNCILMAN PULVER-Let's go through the changes. SUPERVISOR CHAMPAGNE-We've got a March, we've got an April 1 COUNCILMAN MONAHAN-Well wait a minute, before we do the changes, we've got to do C on page 6. SUPERVISOR CHAMPAGNE-Page 6, right. COUNCILMAN MONAHAN-And we have to give the board time enough to get that complaint, notify all the board and to meet. So, I don't know what, it certainly has to be at least fifteen days maybe it should be thirty . COUNCILMAN TURNER-I had thirty. SUPERVISOR CHAMPAGNE-I had thirty on mine. COUNCILMAN TURNER-I had thirty days. SUPERVISOR CHAMPAGNE-I did too. COUNCILMAN MONAHAN-Okay, thirty is fine by me. SUPERVISOR CHAMPAGNE-By the time you get the board together and get the message back out. COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-Okay, we got that. COUNCILMAN MONAHAN-And then, it's the thing about how long the disclosure statements are going to be kept. I don't think it should be forever, that's got, but if the two years is unsatisfactory, then we have to change that to a long period of time. Five years? SUPERVISOR CHAMPAGNE-Mark, what is your recommendation on that? TOWN COUNSEL SCHACHNER-The safest, what I want to call standard period of time in a lot oflegal provisions would be seven years. SUPERVISOR CHAMPAGNE-That's fine. Take me back to where that was so I've got that. TOWN COUNSEL SCHACHNER-It's at the bottom of page 6. COUNCILMAN MONAHAN-Bottom of page 6. COUNCILMAN TURNER-Fourth line there. SUPERVISOR CHAMPAGNE-Right. COUNCILMAN GOEDERT-So it's seven years after the board has made it's final decision. COUNCILMAN MONAHAN-And then that's one that we did make changes in the wording of that too. COUNCILMAN TURNER-Yea, we changed that. COUNCILMAN MONAHAN-And I think, isn't that the only. Oh, we did another one. COUNCILMAN TURNER-No we made, the certified mail. COUNCILMAN MONAHAN-We did MR. TUCKER-Did you do the dates on page 7? COUNCILMAN MONAHAN-Yea, that's the one we're just talk MR. TUCKER-No, you were on page 6. SUPERVISOR CHAMPAGNE-No, that's an optional. That was optional, Pliney. If we didn't COUNCILMAN MONAHAN-We don't even have, we're not doing that one at all. SUPERVISOR CHAMPAGNE-We're not applying that one. MR. TUCKER-Okay. COUNCILMAN MONAHAN-Okay, I think the first change was on page 4, 40. TOWN COUNSEL SCHACHNER-4G would now state, no person who is related by blood or marriage to or resides in the home of a public officer or a department head, etcetera, etcetera. While we're on that page, the highlighted provision at the bottom of the page, that comes at the end of subsection I is actually supposed to appear at the end of subsection 1. That's a typographical mistake. Same language in the case of a Town Board member but it goes at the bottom of J instead of the bottom of I. COUNCILMAN MONAHAN-And I think the next one is 6C, was a change. COUNCILMAN TURNER-6A, isn't it, 6A members? Or 6B, you're right. What did you say, B? COUNCILMAN MONAHAN-No, I said C, that's the certified mail one. TOWN COUNSEL SCHACHNER-6C would be SUPERVISOR CHAMPAGNE-What page are you on again, Betty I've lost you. COUNCILMAN MONAHAN-Six. TOWN COUNSEL SCHACHNER-Correct page 6, item C would state just before the blank, it would state, within blank days of receiving COUNCILMAN MONAHAN-Thirty, we're putting thirty in. TOWN COUNSEL SCHACHNER-Oh okay. Within thirty days of receipt of a written complaint, the Ethics Board shall notify the affected person by certified mail. COUNCILMAN MONAHAN-Well then down at the bottom of that page, the two became seven. COUNCILMAN PULVER-Seven years. COUNCILMAN GOEDERT-Before you go on, notify that person by certified mail, does that, so you disregard the rest of that sentence? TOWN COUNSEL SCHACHNER-No, the rest stays. COUNCILMAN GOEDERT-Oh, okay. TOWN COUNSEL SCHACHNER-Sorry. COUNCILMAN MONAHAN-And then Mark there was that other one that you rewrote about how they were going to be destroyed. TOWN COUNSEL SCHACHNER-Yea and that would now read, I guess that would be the last sentence now at the bottom of page 6, top of page 7 would now read seven years after the board has made it's final determination regarding the alleged impropriety, the financial disclosure statement shall be returned to the affected person if requested or shall be destroyed in a manner that maintains it's confidentiality. COUNCILMAN MONAHAN-I don't think it should be or because that sounds like you've got a choice. You know, you can TOWN COUNSEL SCHACHNER-I thought you did. SUPERVISOR CHAMPAGNE-I thought that's what you wanted. COUNCILMAN MONAHAN-But no, but, I think you give them if requested and then otherwise it TOWN COUNSEL SCHACHNER-Or otherwise. Good point. COUNCILMAN MONAHAN-Otherwise, it shall be destroyed. TOWN COUNSEL SCHACHNER-I see what you're saying. Right, or otherwise, I agree. COUNCILMAN MONAHAN-It shall be. TOWN COUNSEL SCHACHNER-Or otherwise shall be destroyed in a manner that maintains its confidentiality. Yea, good point. SUPERVISOR CHAMPAGNE-Is that satisfactory? COUNCILMAN GOEDERT -I don't have a problem with it. SUPERVISOR CHAMPAGNE-Come out of the public hearing and then vote? COUNCILMAN TURNER-Yea, come out of it. COUNCILMAN MONAHAN-Yea. SUPERVISOR CHAMPAGNE-Any other concerns on the part of the board? Okay, we'll close the public hearing. PUBLIC HEARING CLOSED 8:08 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 1, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 14 THEREOF, ENTITLED, "ETHICS AND DISCLOSURE" AND REPLACING IT WITH A NEW CHAPTER 14 ENTITLED, "CODE OF ETHICS" RESOLUTION NO. 111,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by repealing existing Chapter 14 thereof, entitled, "Ethics and Disclosure," and replacing it with a new Chapter 14 entitled, "Code of Ethics," which new Chapter 14 would set forth the Town's ethical rules in a simpler and more straightforward manner, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, on March 17, 1997, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury by repealing existing Chapter 14 thereof, entitled, "Code of Ethics," to be known as Local Law Number 1, 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None LOCAL LAW NO. 1,1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 14 THEREOF, ENTITLED, "ETHICS AND DISCLOSURE" AND REPLACING IT WITH A NEW CHAPTER 14 ENTITLED, "CODE OF ETHICS." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by repealing the existing Chapter 14 thereof, entitled "Ethics and Disclosure," and replacing it with a new Chapter 14 entitled "Code of Ethics," to read as follows: ~ 14-1. Title. This Chapter shall be titled, "Code of Ethics." ~14-2. Statutory Authority. The authority for this Chapter is ~806 of the New York State General Municipal Law. ~14-3. Purpose. Pursuant to the provisions of ~806 of the General Municipal Law, the Town Board of the Town of Queensbury recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the Town of Queensbury. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Queensbury. The rules of ethical conduct of the officers and employees of the Town of Queensbury. The rules of ethical conduct of this resolution as adopted, shall not conflict with, but shall be in addition to any other general or special law relating to ethical conduct and interest in contract of municipal officers and employees. ~ 14.4 Definitions. A. "Municipal Officer or Employee" means an officer or employee of the Town of Queensbury whether paid or unpaid, including members of any administrative board, commission, or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or emergency medical services volunteer. B. "Interest" means a pecuniary or material benefit accruing to an officer or employee of the Town of Queensbury including a pecuniary or material benefit accruing to the officer's or employee's (1) spouse, minor children and dependents; (2) a firm, partnership or association of which such officer or employee is a member. ~ 14.5. Standards of Conduct. Every officer or employee of the Town of Queensbury shall be subject to and abide by the following standards of conduct: A. Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of twenty-five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, things or promises, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part. B. Confidential Information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. C. Representation Before One's Own Agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. D. Representation Before Any Agency for a Contingent Fee. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is dependent upon achieving a certain result from that agency provided that this paragraph shall not prohibit fees based upon the reasonable value of services rendered. E. Disclosure of Interest in Legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Queensbury, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation. F. Disclosure ofInterest in Certain Application. A member of the Town Planning Board and any officer or employee of the Town of Queensbury, whether paid or unpaid, who participates in the discussion or gives official opinions to the Planning Board on any application for review before the Planning Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such application. G. Disclosure of Employment of Relatives. No person who is related by blood or marriage to or resides in the home of a public officer or department head of the Town of Queensbury shall be employed by said public officer or department head before publicly disclosing the name, relationship and proposed employment to the Town Board and upon consent of a majority of said Board at a dilly held meeting thereof. H. Investments in Conflict With Official Duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties. I. Private Employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates conflict with or impairs the proper discharge of his official duties. 1. Future Employment. He shall not, after the termination of service or employment with the Town of Queensbury appear before any board or agency of the Town of Queensbury in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. In the case of a Town Board member, no such member shall appear in relation to any legislative action in which he participated for a period of two (2) years after leaving office. ~14-6. Ethics Board. A. Formation. A local Ethics Board, to be known as the Town of Queensbury Ethics Board, is established pursuant to Section 808 of the General Municipal Law. B. Members. The Ethics Board shall consist of five (5) members, each of whom shall be appointed by unanimous vote of the Town Board. All members must reside in the Town of Queensbury. One of the members of the Ethics Board shall be an elected or appointed officer or employee of the Town and the other four members shall be persons other than officers or employees of the Town. After written notice and opportunity to reply, any member may be removed by unanimous vote of the Town Board for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this local law. A Chairperson of the Ethics Board shall be elected by the majority vote of the members at the Board's first meeting and annually thereafter at a meeting to be held in January. Three members shall constitute a quorum. Members shall be appointed for a term of four (4) years; provided, however, that two (2) of the original appointees shall be appointed for an initial term of two (2) years. Vacancies on the Board shall be filled by appointment by unanimous vote of the Town Board for the unexpired term of the former member. The members of the Ethics Board will not be compensated but will be reimbursed for reasonable expenses incurred in the performance of their duties. C. Review Procedures. The Ethics Board shall receive and review written complaints of alleged unethical behavior on the part of any Town officer or employee. Complaints may be made by any individual and must be signed and contain the name and address of the person making the complaint. Within 30 days of receipt of a written complaint, the Ethics Board shall notify the affected person by certified mail of the alleged impropriety and offer him/her the opportunity to appear before the Ethics Board and/or submit a written response to the Board. In addition, the affected person may request that the person making the complaint be required to appear before the Ethics Board at the same time as the affected person. If the person making the complaint refuses or fails to appear, the complaint may be dismissed. All proceedings of the Ethics Board shall be closed to the public. If, after its initial review of the complaint and the response of the person affected, the Board finds that the complaint appears to have some merit, it may require the affected person to submit a Financial Disclosure Statement in the form then approved by the Town Board. Such Financial Disclosure Statement shall be reviewed confidentially by the Ethics Board. Seven (7) years after the Board has made its final determination regarding the alleged impropriety, the financial disclosure statement shall be returned to the affected person if requested or otherwise shall be destroyed in a manner that maintains its confidentiality . If the Ethics Board determines that unethical behavior has occurred, it may recommend to the affected person a manner in which the impropriety may be rectified. An affidavit by the official or employee detailing his/her compliance with such recommendation may be sufficient to enable the Ethics Board to forego any further measures. If the Ethics Board determines that unethical behavior has occurred and that the impropriety cannot be rectified, or the official or employee fails to comply with the Board's recommendations for rectifying the impropriety, the Board shall file with the Town Board a summary of the complaint, the Board's preliminary determination, any responses received from the person making the complaint and/or the affected Town official or employee and the Board's final recommendation. A copy of this report shall also be mailed to the person making the complaint and the affected Town official or employee. If the Town Board agrees with the Ethics Board's determination, the Town Board shall then determine what penalty if any to be imposed. If the Ethics Board or Town Board determines that no ethical violation has occurred, then it shall so notify the affected Town official or employee and the person making the complaint and the proceeding shall be deemed closed. D. Applicability to Ethics Board. The Town Board shall perform the functions of the Ethics Board described in paragraph C above when any member of the Ethics Board is the affected Town official or employee. ~14-7. Reservation of Right to Make Claim Against Town. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer or employee of a claim, account, demand or suit against the Town of Queensbury, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. ~ 14-8. Distribution of Code of Ethics. The Supervisor of the Town of Queensbury shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Queensbury within 30 days after the effective date of this resolution. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. ~ 14-9. Penalties. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this Code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. SECTION 2. Effective Date. This Local Law shall become effective immediately upon filing as provided by the Municipal Home Rule Law of the State of New York. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 112, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters the Queensbury Board of Health. Duly adopted this 17th day of March, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR FRANCIS R. KOENIG BOARD OF HEALTH RESOLUTION NO.8, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. Francis R. Koenig has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a 13 feet distance between the holding (septic) tank and a seasonal stream in lieu of the required 50 feet distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on April 7th, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Francis R. Koenig to allow a 13 feet distance between the holding (septic) tank and a seasonal stream in lieu of the required 50 feet distance on property situated on Hanneford Road, Town of Queensbury, New York, and bearing Tax Map No. Section 19, Block 1, Lot 13, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.9, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pu1ver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 17th day of March, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None TOWN BOARD RESOLUTIONS RESOLUTION ACCEPTING RESIGNATION OF WILLIAM F. BURNS, TOWN COMPTROLLER RESOLUTION NO. 113, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Town Comptroller, William F. Burns, has submitted a letter of resignation effective March 18, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the resignation of William F. Burns, Town Comptroller, effective at the end of the workday on Tuesday, March 18, 1997. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Monahan commended Mr. Burns for his great work as Comptroller for the town. (vote taken) RESOLUTION DELEGATING TOWN COMPTROLLER DUTIES TO TOWN BOARD AND TOWN SUPERVISOR RESOLUTION NO. 114,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver WHEREAS, the Town Board of the Town of Queensbury has received the resignation of its Town Comptroller, William Burns, and WHEREAS, as Town Comptroller, Mr. Burns served as Town Budget Officer, was responsible for the bi-weekly audits and reviews, countersigned checks, and approved payroll, and WHEREAS, the Town Board of the Town of Queensbury is desirous of delegating the review and audit duties back to the Town Board, appointing the Town Supervisor as Budget Officer, allowing the Town Supervisor to be the sole signer on all bank accounts and designating him as the official responsible for the approval and payment of payroll, with the Deputy Supervisor having the authority to sign checks and approve the payment of payroll in the absence of the Town Supervisor, until a new Town Comptroller is appointed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates the following duties until a new Town Comptroller is appointed: 1. delegates the review and audit duties of Town Comptroller referenced above to the Town Board; 2. appoints the Town Supervisor as Budget Officer; 3. designates the Town Supervisor as the sole signer on bank accounts, with the Deputy Supervisor having the authority to sign on the accounts in the absence of the Town Supervisor; and 4. designates the Town Supervisor as the official responsible for the approval and payment of payroll with the Deputy Supervisor having the authority to approve the payment of payroll in the absence of the Town Supervisor. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR RANDY TOMPKINS TO HOLD A MOTORCYCLE HILL CLIMB AT THE WEST MOUNTAIN SKI CENTER ON JUNE 6, 1997 RESOLUTION NO. 115, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Randy Tompkins has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license to hold a Motorcycle Hill Climb at the West Mountain Ski Center on June 6, 1997, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded said application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the said Planning Board, at its February 25, 1997 meeting, recommended site plan approval of Mr. Tompkins' transient merchant market proposal, and WHEREAS, on or about February 12, 1997, the Warren County Planning Board also recommended approval of the proposal, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a transient merchant/transient merchant market license for Randy Tompkins to hold a Motorcycle Hill Climb at the West Mountain Ski Center on June 6, 1997, on the 7th day of April, 1997 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR RANDY TOMPKINS TO HOLD A NATIVE AMERICAN FESTIVAL AT WEST MOUNTAIN SKI CENTER ON JUNE 4-5, 1997 RESOLUTION NO. 116, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Randy Tompkins has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license to hold a Native American Festival at the West Mountain Ski Center on June 4-5, 1997, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded said application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the said Planning Board, at its February 25, 1997 meeting, recommended site plan approval of Mr. Tompkins' transient merchant market proposal, and WHEREAS, on or about February 12, 1997, the Warren County Planning Board also recommended approval of the proposal, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a transient merchant/transient merchant market license for Randy Tompkins to hold a Native American Festival at the West Mountain Ski Center on June 4-5, 1997, on the 7th day of April, 1997 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING HARRON COMMUNICATIONS CORPORATION CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT RESOLUTION NO. 117,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury has previously authorized operation of the local cable television system within the Town by Harron Communications Corporation, and WHEREAS, the franchise agreement with Harron Communications Corporation expired in November 1996 and Harron Communications Corporation is currently continuing operation under a Certificate of Temporary Operating Authority which expires on May 10, 1997, and WHEREAS, Harron Communications Corporation has presented a franchise renewal agreement to the Town of Queensbury for the purpose of using Town of Queensbury property to construct, operate and maintain the local cable television system for an additional ten (10) year period until approximately November 2006, and WHEREAS, a copy of the franchise renewal agreement has been presented at this meeting, and WHEREAS, on March 3, 1997 a public hearing with regard to the franchise renewal agreement was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the franchise renewal agreement of Harron Communications Corporation in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the franchise renewal agreement on behalf of the Town of Queensbury. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Goedert commended committee for a job well done. Town Counsel Schachner noted that the agreement has some minor revisions and requested the following language be added to the resolution in the second resolved clause; in a form to be approved by Town Counsel... Town Board agreed. (vote taken) RESOLUTION TO ACCEPT BID FOR PURCHASE OF BITUMINOUS CONCRETE RESOLUTION NO. 118, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of bituminous concrete, as more specifically identified in bid documents and specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Pau1 Naylor, Town Highway Superintendent, has recommended that the Town Board award the bid to Peckham Materials Corporation, the only and therefore lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for purchase of bituminous concrete to Peckham Materials Corporation, and BE IT FURTHER, RESOLVED, that the concrete be paid for from the appropriate Highway Department Account. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPOINTING GEORGE HILTON TO PERMANENT CIVIL SERVICE STATUS RESOLUTION NO. 119,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury by resolution no. 42, 96, appointed Mr. George Hilton provisionally to the previously established position of Planning Assistant until such time as Mr. Hilton passed the Civil Service Examination, and WHEREAS, Mr. George Hilton has passed the Civil Service examination for the Planning Assistant position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. George Hilton to the position of Planning Assistant and that he be given permanent status, with a 26 week probationary period to commence on the date of this resolution, in accordance with the Civil Service laws, rules, and regulations of the State of New York, Warren County, and Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to complete any civil service forms that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING FINAL APPROPRIATION OF FUNDS TO THE GLEN LAKE CAPITAL PROJECT FUND RESOLUTION NO. 120, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously established the Glen Lake Capital Project Fund by resolution 635.94, and WHEREAS, the total fund is a combination of a $5,000 grant from the Open Space Institute and a matching amount of $5,000 from the Town of Queensbury for a total of $10,000, and WHEREAS, the Town Board of the Town of Queensbury transferred $2,500 to the Glen Lake Capital Project Fund in 1996 by resolution no. 156.96, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby transfers an additional $2,500 by means of the following budget adjustment: FROM: TO: AMOUNT: 01-1990-4400 01-9950-9104 $2,500. and BE IT FURTHER, RESOLVED, that appropriations in the Glen Lake Capital Project Fund are increased to $10,000, and BE IT FURTHER, RESOLVED, that the life of the project is extended through December 31, 1997. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None Supervisor Champagne referred to resolution 4.9, noted that he has not heard from the Mayor and requested the resolution be pulled. RESOLUTION TO APPOINT CANDICE MORABITO TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 121, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury has previously established the Board of Assessment Review, and WHEREAS, there is presently a vacancy on the Board of Assessment Review for the Town of Queensbury due to the resignation of Judith Schu1tz, and WHEREAS, the Town Board has the authority to fill the vacancy created by the resignation of Judith Schu1tz, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Candice Morabito to serve as a member of the Board of Assessment Review, said term to expire on September 30, 1999. Duly adopted this 17th day of March, 1997, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT None RESOLUTION ADOPTING THE TOWN OF QUEENSBURY ECONOMIC DEVELOPMENT REVOLVING LOAN PROGRAM RESOLUTION NO. 122, 97 INTRODUCED BY: Mrs. Carol Pu1ver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has received Federal grant assistance from the U.S. Department of Housing and Urban Development (RUD) through the Community Development Block Grant (CDBG) program for the purpose of assisting businesses within the Town of Queensbury in expanding or retaining employment opportunities, and WHEREAS, the Town has received and expects to continue to receive CDBG income in the form of loan repayments and other income, and WHEREAS, by Resolution No. 363,96, adopted on August 19, 1996, the Town Board of the Town of Queensbury authorized the Town Supervisor to execute and enter into a Subgrantee Agreement between the Town and the Queensbury Economic Development Corporation (QEDC), and WHEREAS, the Town, by Town Supervisor Fred Champagne, and QEDC, by its President, Dean Beckos, executed and entered into the aforementioned Sub grantee Agreement on the 20th day of August, 1996, and WHEREAS, by the terms of the Sub grantee Agreement, QEDC is responsible for the administration of the Town's CDBG funds, including the revolving loan program, and WHEREAS, Shelter Planning and Development Inc., at the request of the Town, has prepared a manual pursuant to HUD guidelines for the organization and implementation of the Town of Queensbury Economic Development Revolving Loan Program, and WHEREAS, a copy of the proposed Program Manual for the Economic Development Revolving Loan Program has been presented at this meeting and has been reviewed and is in a form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of and adopts the Program Manual for the Town of Queensbury Economic Development Revolving Loan Program presented at this meeting as setting forth the standards by which the Program shall be administered by QEDC pursuant to the Subgrantee Agreement with the Town. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION DESIGNATING TOWN OF QUEENSBURY POLLING PLACES RESOLUTION NO. 123, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE, BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated: W ARD/E.D. LOCATION 1/1 1/2 1/3 1/4 North Qsby. Firehouse Bay Ridge Firehouse Bay Ridge Firehouse Warren County Center 2/1 2/2 2/3 2/4 2/5 South Qsby. Firehouse Qsby. Activity Center Qsby. Central Firehouse Qsby. Activity Center Roberts Gardens Rec. Room (Not Handicapped Accessible) 3/1 3/2 3/3 3/4 Qsby. Senior High Qsby. Senior High Queensbury Middle School Kensington Road School W ARD/E.D. LOCATION 4/1 4/2 4/3 4/4 4/5 4/6 W.G.F. Firehouse (VanDusenlLuzerne) W.G.F. Firehouse (VanDusenlLuzerne) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (VanDusenlLuzerne) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-l04-l-a of the Election Law unless otherwise noted, and BE IT FURTHER, RESOLVED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AMENDING 1997 BUDGET RESOLUTION NO. 124, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 405, 96 authorized an agreement with the Lake George Association relating to completion of a stormwater management system in the vicinity of Cleverdale Road, and WHEREAS, the Town Board of the Town of Queensbury retained the services ofH. Thomas Jarrett, P.E., Professional Engineer to provide technical assistance regarding this project, said engineering expenses to be reimbursed by the Lake George Association, and WHEREAS, the Town Board of the Town of Queensbury desires to amend the 1997 Budget accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1997 Budget be amended as follows: 1) Increase estimated revenues in the General Fund "Other Home and Community Aid" Account No. 01-0001-3989 by $15,872.; 2) Increase appropriations in the General Fund "Community Research" Account No. 01- 8030-4400 by $15,872; and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING NEW CREMATION AND REFRIGERATION FEES FOR THE PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO. 125, 97 INTRODUCED BY: Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission has reviewed the fees presently being charged by the Town of Queensbury Pine View Cemetery and Crematorium for cremation and refrigeration rental services and has recommended revisions to these fees, and WHEREAS, the Cemetery Commission has requested Town Board approval for the fee revisions, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the new cremation and refrigeration rental fees as delineated in the Cemetery Commission's letter to Supervisor Champagne and Town Board members dated March 10, 1997, and BE IT FURTHER, RESOLVED, that the new fees shall be effective April 1, 1997. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1997 A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT RESOLUTION NO. 126, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _ of 1997 "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Entertainment Uses," which Law shall authorize a temporary moratorium on the conduct of adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adu1t uses in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 7th day of April, 1997, to consider said Local Law No. _, 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1997 in the manner provided by law. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JUDY DUFOUR AT 32 HOMER AVENUE RESOLUTION NO. 127,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-l2 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Judy Dufour has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~113-l2 of the Code of the Town of Queensbury, to replace a mobile home with an updated trailer unit at property situated at 32 Lawton Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on April 21, 1997 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Judy Dufour for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 32 Lawton Avenue, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least ten (10) days prior to said hearing. Duly adopted this 17th day of March, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENTS OF BIDS FOR DEMOLITION AND DEBRIS REMOVAL AND NEW CONSTRUCTION OF BOCCI BALL AND SHUFFLE BOARD COURTS AT QUEENSBURY ACTIVITIES CENTER RESOLUTION NO. 128, 97 (PULLED) INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pu1ver Councilman Monahan noted that she would like to see the demolition part done in house and requested the resolution be pulled for further information regarding the project. OTHER MATTERS Executive Director, Mr. Martin noted that he has two personnel matters for Executive Session. Town Counsel Schachner noted that the Coles Woods Annexation Public Hearing is scheduled for Thursday, April 10th at Ae.e. OPEN FORUM 8:40 P.M. Mr. Pliney Tucker referred to the new ethics law and questioned whether the new board will be appointed? Supervisor Champagne noted that, yes, they will be appointed. Mr. Tucker questioned the status of the annexation of Coles Woods? Supervisor Champagne noted the public hearing is scheduled for April 10th at A e. C. Mr. Tucker questioned what the comptroller's salary was when first hired? Supervisor Champagne noted that he was hired with a starting salary of forty thousand dollars. Mr. Tucker questioned the status of the QEDC Loan for AMG? Executive Director, Mr. Martin noted that the last time he checked it was up to date. Barbara Bennett noted that she's allergic to the chlorine in the Queensbury water system and requested to be switched to the Glens Falls water system. Councilman Pulver explained the process and noted that it would be at her expense to hook up to the City of Glens Falls Water District, that she would need their authorization to do so and that she would have to continue paying the Town of Queensbury special district water tax. Noted further that the Town Board would also have to give their authorization by resolution. Mr. John Strough referred to the Charlie Wood situation where Mr. Turner removed himselffrom the decision due to a conflict of interest and noted that he admired Mr. Turner for what he did. Questioned whether the new ethics law would cover such a situation? Supervisor Champagne noted that yes, it would be covered under the new law. OPEN FORUM CLOSED 9: 10 P.M. (five minute recess) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 128, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss two personnel matters. Duly adopted this 17th day of March, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION & TOWN BOARD MEETING RESOLUTION NO. 129,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from it's meeting. Duly adopted this 17th day of March, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY